FILED

CLER!< Ev.fl• w:i;on.Proctor

"·"' 5/23/2011

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STATE OF FLORIDA

FLORIDA BOARD OF PROFESSIONAL ENGINEERS

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FILED

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Florida Engi.-rs l\'lanagemenl CorporaliOn

CLERK

FLORIDA BOARD OP PROFESSIONAL ENGINEERS,

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Clorl<

Petitioner,

DATE I .: JO I

1. FEMC Case No. 2010040757

   KELLYE, LYONS, P.F..,

   
   

   Respondent,

                                                               I

   
   

   ADMINISTRATIVE COMPLAINT

   COMES NOW the Florida Engineers Management Cozpoilltion (FEMC) on behalf of Petitioner, Florida Board of Professional Engineers, hereinafter referred to as "Petitioner," and files this Administrative Complaint against KELLY E. LYONS, P.E., hereinafter referred to as "Respondent''. This Administrative Complaint is issued pursuant to Sections 120.60 and 471.038, Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to Section 120.57, Florida Statutes, In support of this CClllplaint, Petitioner alleges the following:

   1. Petitioner, Florida Board of Professional Engineers, is charged with regulating the pillctice of engineering pursuant to Chapter 455, Florida Statutes. This complaint is filed by the Florida Engineers Management Cozporation (FEMC) on behalf of Petitioner. FEMC is charged with providing administrative, investigative, and prosccutorial services to the Florida Board of Professional Engineers pursuant to Section 471.038, Florida Statutes (1997).

      
      

      
      

      
      

   2. Respondent is, and has been at all times material hereto, a licensed professional engineer in the State of Florida, having been issued license number PE 56191. Respondent's last known address is 2121 Bearss Avenue, Tampa, Florida 33618.

   3. On May 12, 2009 Respondent signed and sealed a drawing for a Screened Porch to be located at 370 Wellington Avenue, Oldsmar, Fl. (Marin Porch Project). Respondent's drawing for the Marin Porch Project included a note stating:

      "To the best of the engineer's knowledge & belief, these stroctuTIII plans and specifications comply with the Florida Building Code Residential R30l (2007 W/2009 Supplement) Section 1609 for 125 mph Wind 3 SEC GllSt, Exposure B, Importance Factopal Enclosed."

   4. Respondent's drawing for the Marin Pori;:h Project fails to provide a strulllulal system to lrllrulfer the lateral loading on the subject strut:ture to the foimdations as is required by the 2007 Florida Building Code (FBC), Sections R301 and 1604.4.

   5. Section 471.033(i)(g), Florida Statutes, provides that an engineer is subject to discipline for engaging in negligence in the practice of engineering. Rule 61015-19.001(4), Fla. Admin Code, provides that negligence constitutes "failure by a profession.al engineer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principle.'i-"

   6. The Respondent's drawing and certification for the Marin Poreh Project contain deficiencies including; but not limited to, those set forth in Paragraph 4. Respondent violated the provisions of Section 471.033(1)(g), Florida Statutes, and Rule 61O1S-19.001(4), F. A. C., by sealing and signing engineering documents that were issued and filed for public record when

      such documents wero materially deficient in that Respondent: (I) did not exeri;:i:11: due care in the preparation of the final engineering doc\lIJleilts for Marin Porch Pmject and (2) the final

      FBPE VJ, Kelly£. L)'OIIO. P.a. C...No. 2010040757 2

      
      

      engineering documents for the Marin Porch Project were not issued in compliance with acceptable engineering principles.

   7. Based on the foregoing, Respondent is charged with violating Section

471.033(l)(g), Florida Statutes, by engaging in negligence in the practice of engineering.

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WHEREFORE, the Petitioner respectfully requeslli the Board of Professional Engineen; to enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition ofan administrative fine, issuance of a reprimand, pl11CC1I1mt of the Respondent on probation. the assessment of costs related to the investigation and prosecution of this case, other lhllll oosts associated with an attorney• time, as provided for in Section 455.227(3), Florida Statutes, and/or

any other relief that the Board deems appropriate.

SIGNED Im, flj,1-,.d,y ,r                  

, 201 I.

Carrie Flynn

ExecutiV\l Di

COUNSEL FOR FEMC:

John J. Rimes, Ill

Prosecuting Attomey

Florida Engineers Management Corpomtion 2507 Callaway Road, Suite 200

Tallahassee, Florida 32303 Florida Bar No. 212008 JR/51ll

PCP DATE: May 17, 2011

PCP Members: Rebane & Hahn

rn,s vs. Kelly E. LY<"", P. .ea., No. 20100407!7 3

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was furnish to Kelly7/i/J-s, P.E., 2121 Beam Avenue, Tampa, Florida 33618, by certified lllllil, on theoZ1/h of 201 I.

f!IPE w. Kelly E. Lyons, P.E., C...No. 2D100407l7 4

Docket for Case No: 11-003282PL